Hasen Ali @ Abdul Hasim and 3 Ors v. The State of Assam

PageoNo.#o1/3 GAHC010145172024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/1890/2024o HASENoALIo@oABDULoHASIMoANDo3oORS.o S/OoLT.oISABoALI,oR/OoVILL-oURIAGRANToTUBUKI,oP.S.-NAGAONo(SADAR),o DIST-oNAGAONo(ASSAM) 2:oLUTFUNoNESSA oW/OoABDULoHASIM oR/OoVILL-oURIAGRANToTUBUKI oP.S.-NAGAONo(SADAR) oDIST-oNAGAONo(ASSAM) 3:oKHALIDAoBEGUMo@oKHALIDAoKHATUN oW/OoOMARoFARUK oR/OoVILL-oURIAGRANToTUBUKI oP.S.-NAGAONo(SADAR) oDIST-oNAGAONo(ASSAM) 4:oTASLIMAoBEGUMo@oTASLIMAoKHATUN oW/OoRASHIDULoHAQUE oR/OoVILL-oURIAGRANToTUBUKI oP.S.-NAGAONo(SADAR) oDIST-oNAGAONo(ASSAMo VERSUSo THEoSTATEoOFoASSAMo REPRESENTEDoBYoTHEoPUBLICoPROSECUTOR,oASSAM AdvocateoforotheoPetitionerooooo:oMRoAoWoAMAN,oSAMIMoRAHMAN,MRoSoAoBARBHUYAN,MR.o SURAJIToDAS,MSoSURAYAoRAHMAN,MRoSARFRAZoNAWAZo AdvocateoforotheoRespondento:oPP,oASSAM,oo Page No.# 2/3

:: BEFORE :: HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R

20.08.2024

Heard the learned counsel Mr. S. Nawaz appearing for the petitioners. I have also heard Mr. P.S. Lahkar, the learned Addl. Public Prosecutor, Assam.

¶2This is an application under Section 482 of the BNSS, 2023 praying for pre-arrest bail in respect of Nagaon P.S. Case No.504/2024, registered under Sections 448/326/307/34 of the Indian Penal Code.

¶3There was a fight between two brothers. Both are in their 50s. The reason is that one duck belonging to the petitioner no.1 Hasen Ali had gone to the house of other brother who had broken one leg of the duck. On that issue, both had a fight. In fact, both the families had a fight. The petitioner Hasen Ali also sustained injuries like his estranged brother Abdul Kasem.

¶4I have considered the submissions made by the learned counsel of both sides.

¶5It is a fight between two brothers and their families on a very simple issue. They do not deserve to be detained in custody for the aforesaid act. Their pre-arrest bail application is allowed.

¶6The interim bail granted to them on 24.07.2024 is made absolute. The application for bail stands disposed of. Page No.# 3/3 Case diary shall be returned.

JUDGE Comparing Assistant